Sentences with phrase «of unit owners»

This is a process that requires 80 % consent of the unit owners.

That requires a two - thirds vote of the unit owners, and the board has no plans to ask for such a vote.

Limited common areas are technically common area space but reserved for the exclusive use of the unit owner which it serves.

What does it take for a condominium corporation to force the removal of a unit owner from a unit?

Many of the unit owners were in shock when it became apparent in 2008 that for their funds were missing because it had appeared that the associations were properly managed.

The right of all unit owners to review the condominium records to ensure that there is transparency in the corporation's operations must be balanced with the right of privacy of individual unit owners.

A proxy is a person who attends and participates in a meeting of the owners of a condominium corporation, on behalf of a unit owner.

In addition to paying a mortgage, each owner is responsible for paying a monthly fee to the condo association, which is made up of the unit owners.

In a recent case, Zordel v. MTCC No. 949, a couple of unit owners (the «Applicants») sued the condominium corporation after it entered into a new agreement with a new service provider for the provisio...

Condominium associations may not prohibit a unit owner from installing an electric vehicle charging station within the boundaries of the unit owner's limited common element parking area.

Due to the complexities of condominium ownership and the shared responsibility of unit owners and the condominium corporation for dealing with construction defects, the report recommends a review of the condominium - specific provisions of warranty protection, including timelines for submitting claims and performance audits, and consideration as to whether condominium - specific issues should be addressed separately in the warranty legislation.

Because this was an issue involving the health and safety of unit owners, the court determined that it was the responsibility of the condominium corporation, at its expense, to open and inspect the second bulkhead.

The Judge noted that as a result of the unit owner's adamant refusal to remedy the fireplace problem, the unit owner only had himself to blame for the costs incurred by the condominium corporation relating to its court application.

According to the decision, the offending section of the Cambridge Point Condominium Trust Bylaws is void because, in light of the totality of the circumstances, the section effectively eliminated the ability of unit owners to seek legal redress for deficiencies in the construction of their homes.

Care must be taken here to ensure that the units remain marketable while also protecting the serenity of unit owners.

The changes to the law reduce the amount of unit owners required to reject a plan, postpone the time until another plan can be voted on, and requires that the plan be approved by the Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation («Division») based on factual and public policy reasons.

Condominium and cooperative associations must provide written notice of any fine or suspension, by mail or hand delivery, to the unit owner, and, if applicable, to any tenant, licensee, or invitee of the unit owner.

The Reserve Fund Study will play a pivotal role in the determination of what the reserve fund contributions of the unit owners will be going forward.

The applicants also took the position that the corporation was required to obtain the approval of at least 66 2/3 % of the unit owners before entering into the agreement, as required by section 97 of the Condominium Act, 1998.

Both rulings demonstrated the courts» displeasure at the board members» abuse of power and refusal to carry out the will of the majority of unit owners.

For example, in the earlier - mentioned case, York Condominium Corporation No. 41 v. Schneider, 2015 ONSC 3919 (CanLII), the problem was not excrement but rather cockroaches — an infestation of them — and a pair of unit owners who refused to comply with a prior court order requiring them to facilitate access to their unit to allow for clean - up.

Unfortunately, there were continuing breaches to the bylaws and the court ordered the mentally challenged owner to sell the unit and vacate it, stating the accommodation of this unit owner had led to «undue hardship» for the other owners for five years.

Gross Rent Gross rent excludes any amounts received from a rental assistance program, utility allowance or fee paid to the owner of the unit owner by any governmental assistance program.

Usually a condo or condominium consist of multi-unit dwellings where each unit is owned individually and all other areas (the common areas), are owned jointly by the rest of the unit owners in the condo, however it is also possible here in Calgary for condominiums to consist of single family dwellings where the owners do not maintain the exteriors of the dwellings and yards, etc..

SB 1520 amends 718.117, Florida Statutes, regarding the optional termination of condominiums, making it more difficult for a Plan of Termination to be passed without full consent of the unit owners.

In a recent case, Zordel v. MTCC No. 949, a couple of unit owners (the «Applicants») sued the condominium corporation after it entered into a new agreement with a new service provider for the provision of bulk television and internet services.

To date, if a bylaw is passed by a condominium corporation, which requires a vote of the unit owners, then the bylaw is registered and valid.»

Two recent case decisions, one in B.C. and the other in Ontario, dealt with the Boards» removal of the unit owners which shows that the courts are now more willing to consider unit owner eviction when it appears that there is no other viable option.

Allows a unit owner to install an electric vehicle charging station within the boundaries of the unit owner's limited common element, with conditions.

The condo guide would not only describe the purchase and sale process (such as, for example, the purchaser's right of recession, interim closing v. final closing), but would also describe how condominiums are governed and the rights and responsibilities of the unit owners and the condominium corporation.

Those portions of a building, land, and amenities owned (or managed) by a planned unit development (PUD) or condominium project's homeowners» association (or a cooperative project's cooperative corporation) that are used by all of the unit owners, who share in the common expenses of their operation and maintenance.

The Court ordered the corporation to send a notice to all of unit owners advising that one unit in the condominium had the exclusive right to serve dim sum and that all other owners were to cease selling any dim sum items.

The corporation had previously sent a notice to all of the unit owners advising that the food court area was for the exclusive use and enjoyment of the food court unit owners and had also allowed the food court unit owners to display their own signage to this effect in the food court area (even though they had not sought the approval of the corporation prior to the erection of such signs).

In a recent case, Wu v. CCC, a condominium unit owner sued the condominium corporation after the corporation refused to provide the owner with the e-mail addresses of all of the unit owners.

As the corporation was not fully recompensed for the costs it incurred, the unrecovered costs will be included in the corporation's common expenses payable by all of the unit owners, including those who undertook the required remedial work to their own fireplaces without the necessity for a court application, and those who did not have a fireplace in their unit.

Prior to the effective date of the amendment, in order to approve a plan of termination, 80 % of unit owners must approve the plan, and no more than 10 % of unit owners can object.

In a recent case, Zordel v. MTCC No. 949, a couple of unit owners (the «Applicants») sued the condominium corporation after it entered into a new agre...

The proposed law also allows an amendment to a declaration to add such a suspension provision with the approval of only 60 % of the unit owners, regardless of what super majority is otherwise called for in the governing documents.

If the Board does not provide any such pertinent information to the manager, which results in an error / omission in the status certificate, then the condominium corporation (and ultimately all of the unit owners) will be responsible for the mistake.

This case is consistent with current case - law that requires condominium corporations to balance the objectively reasonable expectations of the unit owner against the interests of the corporation and all of the unit owners.